42-26-2007-II

Mohd Sofie Bin Abdullah

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Public Prosecutor

Section 304 Penal code Failure of trial court to write grounds of judgment failure to write grounds of judgment, fatal private defence section 96 100 Penal Code reasonable cause of apprehension of death.

26-09-2007

Appeal is allowed.

29-54-2005-III/II

Danaharta Urus Sdn. Bhd.

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Haji Khalid Bin Abdullah

Bankruptcy proceedings stare decisis not immutable concept it cannot tie the hands of individual judges in administering substantive justice perpetration of illegality is not part of the doctrine of stare decisis concept of stare decisis must be followed unless exception stated applies bankruptcy proceedings locus standi rule 95 117 of Bankruptcy Rules 1969 when act of bankruptcy was committed section 90 (1) of Bankruptcy Act 1967 is a statutory stay.

26-09-2007

Appeal allowed with costs. The order of the learned senior assistant registrar dated 30.11.2006 is set aside. The getting up fees must not exceed RM10,000.00. If costs cannot be agreed, the judgment debtor is at liberty to tax the costs.

26-02-2003-II

See Hua Realty Berhad, KTS News Sdn Bhd

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See Hua News Holdings Sdn Bhd & 4 Oors, See Hua Realty Berhad & another

Whether the petitioner as the pursuer of the right under the section has filed it in his capacity as shareholder - whether the petition has demonstrates by credible evidence that the shareholder has been, or is continuing to be - oppressed - or has suffered or continues to suffer - undue prejudice - as defined in the relevant cases - where a petition is nothing more than a jangled mass of complaints which the court is unable to make any finding at all because the petition is nothing more than an exercise in prolixity - whether the acts complained of prima facie amount to oppressive conduct or was unfairly prejudicial to the petitioner - the court is under a duty to confine itself only to those facts which had been admitted or have not been credibly denied and to the probabilities of the court - disagreement in institutions such as this must be settled by agreement to arbitrate to show some element of civility in this time and era - section 181 remedy is not meant to deal with institutions.

25-09-2007

Petition dismissed with costs. The getting up fees shall not exceed RM100,000.00. If costs cannot be agreed, the respondents are at liberty to tax the costs. Encl. 150 dismissed. The costs of the application must be borne by the petitioner. The getting up fees for the application shall not exceed RM5,000.00. If costs cannot be agreed, the 2nd, 4th and 5th respondents are entitled to tax their costs.

41-32-2006-II

Public Prosecutor

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Chong Kah Kim

Section 381 Penal Code theft ingredients of offence identification of property possession what constitute taking

18-09-2007

Appeal dismissed.

41-17-2007-II

Tajudin Bin Salleh/Public Prosecutor

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Public Prosecutor/Tajudin Bin Salleh

Appeal against conviction and sentence - sworn testimonies of the victim - whether the learned magistrate failed to follow the procedure in section 133A of the Evidence Act 1950 - whether the learned magistrate failed to examine whether the victim and the witness has sufficient appreciation of the solemnity of the occasion and the responsibility to tell the truth - whether the learned magistrate has established the competency of the child witness to give evidence and whether such an omission is fatal.

06-09-2007

Appellant/accused`s appeal is allowed. Respondent/prosecution`s cross-appeal is dismissed. The order of the learned magistrate dated 29-11-2006 on conviction and sentencing is set aside.

CAS-41-03-2007

Public Prosecutor

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Martin John

Section 376 of the Penal Code appeal against inadequacy of sentence whether the learned sessions court judge had not imposed a proper and appropriate sentence against the respondent and had failed to consider the circumstances and the nature of the offence whether the sentence imposed reflect the seriousness of the offence.

03-09-2007

Appeal is dismissed

42-17-2006-II

Public Prosecutor

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Mohammad Arfan Bin Jasmi

Inadequacy of sentence - whether it is right in principle for the prosecution to appeal purely on grounds of inadequacy of sentence that too in cases involving 1st offenders - prosecution must demonstrate that the trial court has erred in law in failing to take considerations the guiding principles for sentencing - unlike rape, exercise of discretion for the sentence for statutory rape cannot be the same.

17-08-2007

Appeal dismissed.

24-137-2007-II

Chai Chin Foo & anor

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Assistant Registrar & anor

Sarawak Land Code - Section 173 - caveatable interest torren system - principles - trust - beneficiaries - Probate & Administration Act, Distribution Act - Residuary interest.

14-08-2007

The plaintiffs' application is allowed with costs. The costs are to be borne personally by the 2nd defendant. The getting up fees shall not exceed RM20,000.00. If costs cannot be agreed the plaintiffs are at liberty totax their costs.

42-14-2007-II

Public Prosecutor

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Cocolin Industries Sdn. Bhd.

To establish a prima facie case, it is sufficient to show that the respondent had received the said notice and that the respondent had failed to comply with the terms of the notice - strict compliance of the mode of service is essential to ensure that the accused is fully aware of what he is required to do - courts are authorised to draw a particular inference from a particular fact unless and until the truth of such inference is disposed by other evidence.

08-08-2007

Appellant's appeal allowed.

42-02-2007-II

Mohammad Tarmimi Bin Tarmizi

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Public Prosecutor

Section 436 of the Penal Code - circumstantial evidence - whether the confession statement ought to have been admitted - confession evidence is so decisive of guilt, the law has imposed stringent requirements for admitting such evidence- police must obey the law while enforcing the law -where no independent evidence to corroborate the offence, confession statement must be excluded as its prejudicial effect outweighs its probative value -confession statement itself cannot be made the foundation of a conviction but can only be used to lend assurance and support other evidence.

27-07-2007

Appeal allowed. The conviction and sentence of the learned sessions judge dated 23-05-1996 is set aside.